[gnso-rds-pdp-wg] What registrars must do (was Re: The principle for thin data)

[Carlton Samuels]

Um, well, there is a procedure for handling WHOIS conflicts with local law
that is out there.  The baseline position appears to be break the law and
we will tell you how to explain it, even evade sanctions.

See
https://whois.icann.org/en/revised-icann-procedure-handling-whois-conflicts-privacy-law
.

Since I began to following these matters from the At-Large side in 2008, I
have held this posture to be cockeyed, designed to make a priori scofflaws
of registrars and a generator of work for lawyers.

So you know, I hold the view that one existential attribute of ICANN is to
make work for lawyers. But truth be know if I had a sign hung I would be
applauding them for gutsy stewardship.

-Carlton




==============================
*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Planning, Governance, Assessment &
Turnaround*
=============================

On Tue, Jun 6, 2017 at 4:10 AM, Volker Greimann <vgreimann at key-systems.net>
wrote:

>
>
> Am 02.06.2017 um 18:17 schrieb Andrew Sullivan:
>
>> On Fri, Jun 02, 2017 at 07:00:23PM +0300, jonathan matkowsky wrote:
>>
>>> "3.7.2 Registrar shall abide by applicable laws and governmental
>>> regulations."  Applicable laws vary from jurisdiction to jurisdiction.
>>> ​We should keep this in mind.
>>>
>>> Yes.  Also, I don't know why we have to have an opinion on what
>> registrars or registries must do overall.  What we need to do, as far
>> as I can tell, is understand what the data is and what it is collected
>> for, and then propose a policy that makes it _possible_ for registrars
>> and registries to conform with their local laws.  No?
>>
> The main issue is that ICANN has no working process in place for a
> contracted party to show it has an issue with local laws that can be
> reasonably invoked before getting called on it by local authorities, e.g.
> being sued or fined. So we need the excemptions baked into the policy to be
> safe down the road.
>
> "Just deal with that on your own later!" is not an acceptable result.
>
> As a non-European leader recently put it: "No deal is better than a bad
> deal!"
>
> Best,
> Volker
>
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